KEY FEATURES • A brief introduction to the U.S. judicial system and to the public policy dimension of judicial decisions provides context for the material. • Criminal and regulatory laws are presented with contrasting views on various contemporary public policy issues, including assault weapons, hate crimes, stand your ground laws, police use of deadly force, and much more. • A question for debate and learning objectives appear at the beginning of each chapter. The debate format features contemporary topical issues that engage students and ask them to consider various points of view. • Brief essays introduce students to each debate and put the issue into context to help students understand how policy issues arise in criminal justice and law. • Summaries of the positions follow the debate sections to ensure students have a clear understanding of the contrasting arguments. • “You Decide” exercises and discussion questions appear at the end of each debate to give students the opportunity to apply what they read to new and novel situations.

Crimes Against the Person: Chemical Endangerment

2.10 crimes against the person: Chemical endangerment

Should Pregnant Women Who Use a Controlled Substance Be Held Criminally Liable for Chemical Endangerment of a Child?

Learning Objectives

  • Know the definition of chemical endangerment.
  • Understand the Alabama chemical endangerment law and the use of child abuse laws to prosecute pregnant women for endangering a fetus.
  • Recite the arguments for and against prosecuting women for taking unlawful narcotics during their pregnancies.

Support Criminal Liability for Chemical Battery of a Fetus

Justice Jean Toal, majority opinion, Whitner v. State, 492 S.E.2d 777 (S.C. 1997)

Chief Justice Roy Moore, concurring, Hicks v. State, 153 So.3d 53 (Ala. 2014)

Oppose Criminal Liability for Chemical Battery of a Fetus

Judge Alan Wilner, majority opinion, Kilmon v. State, 905 A.2d 306 (MD. App. 2006)


Chemical endangerment ...

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